Family Law

[Theunicornhunter 2]

I read there's an uproar about statements made by Senator Santorum - he allegedly equated homosexuality and polygamy. I've had aquestion on my mind for a couple of years (since Tom Green the talk show polygamist was convicted)

 

In this country it is acceptable for an unmarried man to procreate with several unmarried females at one time; there is no legal duty to be an active parent to those children. He can be required to pay child support if he can be located and is employed; however, these children often end up on welfare rolls. In some* polygamist families the parents are married, the father takes a roll in the child's life and often provides financial support. Explain why the latter is the one that goes to jail? (This assumes that all parties are consenting adults)

 

To answer this you have to answer what is "wrong."

1. Sleeping with more than one woman? (Why is it "wrong" if they are married but okay if they are not?)

2. Not being an involved parent?

3. Having children you know will end up on welfare? - I'm not talking about a mistake but a sustained lifestyle.

 

Children are harmed by being illegitimate - it increases the risk of poverty, it greatly decreases their chance of success in school and increases risk of delinquency. It makes me sad to think of the potential of their little lives being squandered because people don't take their actions seriously. I can't see why they shouldn't both go to jail. I also realize that some unmarried parents do take an active and supportive parental role and they would not be included in this group.

 

 

Why do you think one should be illegal and the other not?

[Klingonmike 0]

This is a tough question.It does seem strange that the child born to a polygamist family and grows up in a loving home and safe enviroment is illegal and the child born without a dad around is not.

 

Just goes to show you that there are some laws in this country that are screwed up and need to be re-written.If someone wants to marry more than one woman and they all have a loving relationship I say go for it,more power to them.Personally its not for me I have a hard enough time keeping one wife happy!

[shinzonfan 0]

LOL Klingonmike. To answer your question UnicornHunter, I don't think polygamy should be illegal, but I also do not condone it.

 

I do think if you have children you must take responsibility for them. If you do not, then you should be held accountable, even if that means putting them in jail for the soul purpose of making sure they do not have any more children that they are not going to care for.

[cptwright 1]

hey now, they used to have herums, and multiple wives all over the place, you even see it in the bible as i recall, as long as your married its ok. but now in our time in our "HIGHLY MORAL COUNTRY" ha, its illegal. whos to say that a man and a woman who love eachother enough to share eachothers love with others is illegal. what a joke, if someone wants more than one spouse, and especially if its consentual, what the hells wrong with that. personally i have hard enough time with one wife, could never keep another woman around too. lol eeeeeekkkkksssss. to each their own i say.

[prometheus 0]

Laws are introduced to control the population of a society and to make them adhere to a set of principles to curb criminal and potential damaging behaviour. Without laws there would most certainly be anarchy and society would crumble. None of us would enjoy the happy state of living which we exist in. Now I know that that sounds all a bit obvious, but hold on. The laws on polygamy are there to prevent a person from having multiple marriages and having lots of children. Even though people do have sex with each other and have children anyway. You cannot prevent people from having sex as this would be a breach of their human rights. If children result (which is not always the case) then they result. To allow polygamy. however, would bring down a barrier that is there for a lot of people - ie a lot of people will not have sex without marriage. To allow multiple marriages would certainly ENCOURAGE people to marry lots of people and have more children, therefore ADDIDNG to the overall numbers of children being born. Often such marriages will stretch finances along the way causing problems. The law is a general one that works out best overall as it acts as a lack of incentive to have lots of families and so forth. In other words it makes for good public policy. As is often the case, the law may seem absurd in specific examples but overall is usually effective.

[Theunicornhunter 2]

Laws are introduced to control the population of a society and to make them adhere to a set of principles to curb criminal and potential damaging behaviour. Without laws there would most certainly be anarchy and society would crumble. None of us would enjoy the happy state of living which we exist in. Now I know that that sounds all a bit obvious, but hold on. The laws on polygamy are there to prevent a person from having multiple marriages and having lots of children. Even though people do have sex with each other and have children anyway. You cannot prevent people from having sex as this would be a breach of their human rights. If children result (which is not always the case) then they result. To allow polygamy. however, would bring down a barrier that is there for a lot of people - ie a lot of people will not have sex without marriage. To allow multiple marriages would certainly ENCOURAGE people to marry lots of people and have more children, therefore ADDIDNG to the overall numbers of children being born. Often such marriages will stretch finances along the way causing problems. The law is a general one that works out best overall as it acts as a lack of incentive to have lots of families and so forth. In other words it makes for good public policy. As is often the case, the law may seem absurd in specific examples but overall is usually effective.

There is a legal standard by which laws are enacted; in general it is to protect the public good; the right of procreation (married or not) is considered a fundamental right and thereby can only be proscribed (forbidden) if there is a compelling state interest to be served. The Supreme Court found a compelling state interest in proscribing polygamy in the late 1800/ early 1900. (I don't remember the date). It wasn't to limit population but reflected on the moral harm of the practice to society at large. (I don't think people would be rushing out to have multiple marriages if it suddenly became legal because to most people it is repugnant. ) My question was what moral harm does polygamy do that mulitple illegitimacies doesn't do?

 

There has to be a bad act. What is it?

 

The truth is illegitimacy presents a genuine threat to the public good. Not only does the child often end up on the welfare rolls; the consequences of increased rates of delinquincy, poor school performance and higher drop out rates will drain social programs throughout the child's life. I'm sorry but I get really upset about this; you need a license to drive, hunt, get married, practice certain professions etc.; but the right to truly ruin another human being's life is a constitutional quarantee. It doesn't make sense; the same compelling state interest we have in proscribing polygamy should also apply to "serial procreators." (IMO)